Nebraska Statutes 71-3433. Local team meetings; confidentiality form; participation requirements; disclosures prohibited; information and records; release permitted; limitations; testify at proceedings; prohibited
(1) Each local team member and any nonmember in attendance at a meeting shall sign a confidentiality form and review the purposes and goals of the local team before they may participate in the meeting or review. The form shall set out the requirements for maintaining the confidentiality of any information disclosed during the meeting and the penalties associated with failure to maintain such confidentiality.
Terms Used In Nebraska Statutes 71-3433
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
(2) Except as necessary to carry out the local team’s purposes and duties, members of the local team and individuals attending a team meeting shall not disclose any discussion among team members at a meeting and shall not disclose any information prohibited from disclosure by the Overdose Fatality Review Teams Act.
(3) De-identified information and records obtained by a local team may be released to a researcher, research organization, university, institution, or governmental agency for the purpose of conducting scientific, medical, or public health research upon proof of identity and execution of a confidentiality agreement as provided in this section. Such release shall provide for a written agreement with the department providing protection of the security of the information, including access limitations, and the storage, destruction, and use of the information. The release of such information pursuant to this subsection shall not make otherwise confidential information a public record.
(4) Members of a local team and individuals attending a team meeting shall not testify in any civil, administrative, licensure, or criminal proceeding, including depositions, regarding information reviewed in or an opinion formed as a result of a team meeting. This subsection shall not be construed to prevent a person from testifying to information obtained independently of the team or that is public information.
(5) Conclusions, findings, recommendations, information, documents, and records of a local team shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that conclusions, findings, recommendations, information, documents, and records otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of a local team or are maintained by a local team.
Source
- Laws 2023, LB227, § 90.
- Operative Date: June 7, 2023